Skip to main content

Full text of "10-24-2007"

See other formats


LEASE MODIFICATION 
LEASE # 27648 



300X 667 fififf£559 



THIS AGREEMENT, Made and entered into this 24th day of October, 2007 , by and 
between O. E. Burge, a married man dealing in his sole and separate property, whose 
address is Rd. 3 Box 33, Cameron, WV 26033 parties of the first part, hereinafter called 
"Lessors", and CHESAPEAKE APPALACHIA, L.L.C., an Oklahoma limited liability 
company, the surviving entity of the merger with Columbia Natural Resources, LLC 
(formerly known as Columbia Natural Resources, Inc.) of 900 Pennsylvania Avenue, 
Charleston, West Virginia 25302, party of the second part, hereinafter called "Sublessee" as 
acknowledged and agreed by Columbia Gas Transmission Corporation, hereinafter called 
"Sublessor"; 

WITNESSETH: 

THAT WHEREAS, by agreement dated May 3L 1954 , George N. Yoho granted to 
The Manufacturers Light and Heat Company , predecessor in title to Sublessor, as lessee 
thereunder, an oil and gas lease covering a tract of land containing 54.00 acres, more or less, 
situate in Liberty District, Marshall County, West Virginia, and recorded in the Clerk of the 
County Commission in Book 299 at Page 71; and 

WHEREAS, said agr ee m e nt dated , was modified by agreement 

dat e d by and , pr e dec e ssor 

in titl e to Columbia Gas Transmission Corporation, to provid e for the production and storage 
of natural gas, and record e d in the Clerk of th e County Commission of County in Book 

at Page , h e r e inaft e r th e "L e as e " as modified; and 

WHEREAS, by sublease agreement dated September 2, 2004 and recorded in the 
Offices of the Clerks of the County Commissions of Marshall and Wetzel Counties, West 
Virginia in Deed Book 642, at page 281 and Book 84-A, at page 129 respectively, Columbia 
Gas Transmission Corporation granted to Columbia Natural Resources, LLC (predecessor in 
title to Chesapeake Appalachia, L.L.C.), all rights necessary for the PRODUCTION OF OIL 
AND GAS in all formations EXCEPT the interval from 250 feet above the top of the 
Greenbrier Limestone (inclusive of all Maxon sands) to 50 feet below the base of the Pocono 
Big Injun formation being reserved or operated for storage, hereinafter the "Sublease" and 
which Sublease has been modified and amended by that certain agreement dated June 1, 2007, 
and effective as stated therein (the "Sublease Agreement"); 



BOOK 667 mffl) 

WHEREAS, Lessors are now the owners of the oil and gas rights underlying the land 
covered by said Lease that is situate in Liberty District, Marshall County, West Virginia; and 

WHEREAS, Lessors and Sublessee, for their mutual benefit, with the consent of 
Sublessor, desire to amend and modify said Lease agreement in order to facilitate the 
formation of drilling units. 

NOW THEREFORE, in consideration of the premises and the sum of One Dollar 
($1 .00) paid by the Sublessee to Lessors, the receipt of which is hereby acknowledged, and of 
the covenants hereinafter contained, Lessors and Sublessee hereby supplement and modify 
said Lease as follows, to-wit: 

DELAY IN MARKETING: In the event that Sublessee does not market producible 
gas, oil or their constituents from the Leasehold, or lands pooled/unitized therewith, Sublessee 
may continue to pay Delay Rental at the rate of Five Dollars ($5.00) per acre annually until 
such time as marketing is established, or until the end of the Sublease term, as it relates to the 
acreage described herein, if marketing is not established by that time. 

UNITIZATION: Lessors grant Sublessee the right to pool, unitize, or combine all or 
any part of the Leasehold with any other land, leased or unleased, whether owned by 
Sublessee or others, to create drilling or production units either by contract right or pursuant 
to governmental authorization. In the event of the unitization of the whole or any part of the 
Leasehold, Sublessee shall, either before or after the completion of a well, record a copy of its 
unit operation designation in the county in which the Leasehold is located. Sublessee is 
granted the right to change the size, shape, and conditions of operation of any unit created, 
without the consent of Lessors. As to such a unit, Lessors agree to accept and receive out of 
the production or the proceeds from the production of such unit, such proportional share of 
the royalty from each unit well as the number of acres in the Leasehold which may be 
included from time to time in the unit bears to the total number of acres in the unit. 
Otherwise, the drilling, operations for drilling or any operations in preparation for drilling, or 
any production from a well on such a unit shall have the same effect upon the terms of this 
Lease, as amended and modified hereby, as if the operations or well were on this Leasehold 
itself, except for the FREE GAS clause, of which the Lessor acknowledges is hereby 
expressly released and terminated by this Lease Modification. 

SHUT-IN: In the event that production of oil, gas, or their constituents is interrupted 
and not marketed for a period of six months, and there is no producing well on the Leasehold, 
or lands pooled/unitized therewith, Sublessee may thereafter, as Royalty for constructive 



book 667 ?age561 



production, pay a Shut-in Royalty equal in amount and frequency to the Delay Rental until 
such time as production is re-established and said payment shall maintain the above- 
referenced lease and modification in full force and effect to the same extent as payment of 
Royalty. During Shut-in, Sublessee shall have the right to rework, stimulate, or deepen any 
well on the Leasehold or drill a new well on the Leasehold in an effort to re-establish 
production, whether from an original producing formation or from a different formation. In 
the event that the production from the only producing well on the Leasehold is interrupted for 
a period of less than six months, the above-referenced Lease and Modification shall remain in 
full force and effect without payment of Royalty or Shut-in Royalty. 

SUBLESSEE shall have the right to perform geophysical studies through the use of 
seismic research and other means and methods not restricted to current technology. 

LESSOR ratifies the aforesaid Lease dated May 3L 1954 and modification agre e ment 
dat e d as hereby amended and modified, and acknowledges that it is a 

valid and subsisting Lease and shall remain in full force and effect according to the terms and 
tenor thereof unless otherwise specifically amended hereby. 

This agreement extends to and is binding upon the parties hereto, their respective 
heirs, successors, administrators, executors and assigns. 

WITNESS the following signatures and seals all as of the day and year above first 

written. 



JAH PEST 

MARSHALL County 01:43:46 PM 
Instrument Ho 1251681 
Date Recorded 04/14/2008 
Dooierrt Type 0&B 
Book-PWB 667-55V 
Ree/Preserve $5.00 $1.0u 




O. E. Burge 



COLUMBIA GAS TRANSMISSION CORPORATION 




BOW 



667 pagi562 



ACKNOWLEDGMENT 



STATE OF 

COUNTY OF )lltf&[faU^ , to-wit: 

On this the 20 gT) , before me, \tfcti~ « a 

Notary Public, came O. E. Burge, a married man dealing in his sole and separate 
property to me known (or to be satisfactorily proven) to be the individual(s) described in, and 
who executed the foregoing instrument, and acknowledged that they executed the same for 
the purpose therein contained. 

In witness thereof, I hereto set my hand and official seal. , 



^iLtT^ OFROAl SEAL 

- gnmoFwesr Virginia 

NOTARY PUBLIC 
AARON R YOST 
m SPRING VALLEY DRIVE 
•WKELEY SPRINGS, WV 25411 
•^COMMISSION EXPIRES NOVEMBER 7, 201S 





My commission expires on: / l&l S 



ACKNOWLEDGMENT 



STATE OF WEST VIRGINIA 
COUNTY OF KANAWHA 



} 

} ss. 

} 



On the day of ^Jj^tjj^. , in the year 20$, before me, the 

undersigned, a Notary Public in and for said State, personally appeared 
^?W/tXV \ (U/]p6 ^ft^A^^ personally known to me or proved to me on the basis of 
satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within 
instrument and acknowledged to me that he/she/they executed the same in his/her/their 
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the 
person upon behalf of which the individual(s) acted, executed the instrument. 




Notary Public 



This instrument was prepared by 
Chesapeake Appalachia, L.L.C. 
900 Pennsylvania Avenue 
Charleston, WV 25302 



OFFICIAL SEAL 
^■«r £>X NOTARY PUBLIC 
Pl^rvi^lj STATE OF WEST VIRGINIA 
fefeS^dbSsrl Lisa U Snyder 

1332 1 2 WV Avenue 
Dunbar, WV 25064 
_ tfy Commission Expires November 17. 201 6 : 



STATE OF WEST VIRGINIA, MARSHALL COUNTY, SCT: 

lerk of the County Conxion of sa,d County, do hereby certify that the annexed writing, bearing 



I JAN PESXfrOerk of the County Commission oi sata county, uu , 
&tfzl^ MiSkJ^^Z^ P—tedfor ,nd by me, admitted .record i m my office u^e 
a . m *h* mrties therein named this ^ J-%W- ~M Q £U^M^< J 



date on the 

above certificate as to the parties therein 




CPS SM 12-06 



TESTE: